Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-10-29
SECOND DAYS FIGHT.
THB ARGUMENT IN THE ANARCHISTS
CASES CONTINUED.
States Attorney GrinnsllS AdirssS-Gsn. Butler
Consumes Most Of the Day in Rambling
SPesch-SOms Wild Breaks BY the Great
OOck-Eyst-Undsr Amusement

COck-Eyst-Undsr Amusement
WASHINGTON, D. c., October 2S.-
When the United States Supreme Court
convened at noon to-day there was not
quite as large an attendance Of members
OF the bar as yesterday, but the seats pro-
vided for spectators were all filled.
Mr.. Grinnell, addressing the Court, said
that il had not been his intention to take
part in the oral argument, and that he
came here primarily tor the purpose OF
assisting Mr.. Hunt by means OF his famil-
iarity with the record of the case. He
thought that by the presentation of the
law and the facts yesterday it was clearly
shown that there was no Federal question
involved, and that the Court was without
jurisdiction to grant the writ of error.
The assignments Of error in the lower
court and the parts of the record relating
to the Jurors Denker aud Sanford had
been printed and are now in the Conrt's
hands. In all the twenty.eight
assignments OF error there was no refer
ence directly or Indirectly to the Constitu-
tiOn of the United States or any OF it's
amendments. The Court had settled, he
| believed, the question OF Jurisdiction, as
! tar as the first ten amendments are con-
cerned, and also, he thought, under the
| Fourteenth Amendment.
The only clause OF the latter which
could figure here was that mo State shall
deprive any person OF life, liberty, or prop
erty, without due process OF law" What
ever affects liberty and life is made by
this clause to affect also property. If the
Court has jurisdiction of this case under
| this provision of the amendment, then
every State question
RELATING TO PROPERTY,
such as special assessments, the condemna-
ton OF property, etc., might be brought 10
this Court for review.
Mr.. Grinnell said he thought it to he
conceded, that State Legislature had a
right to prescribe how many peremptory
! challenges should be allowed in the forma-
/ tiOn of Jury.
Speaking of the jury "a q whole Mr.
/ GriDnell said Il wish, and am constrain-
ed 10 pay one tribute to that jury. 1t ex-
emplided American citizenship in this
country more than any jury that was ever
| looked upon. Ii embraced all walks Of
/ life. They were not 4 class jury. They
were honest citizens, with the solemn
| duty deyolying upon them of determining
what should be done with those men. No
| Judge could look in the faces of that iury
without saying: They are intelligent; they
represent American citizenship; they are
MT to be trusted with the rights of free men
under our constitution"
There WAS not capitalist on that Jury
| They were all commonplace, small dealers
and intelligent men"
He then recited at some length the cir
cumstances Of the bomb throwing in the
| Haymarket, the search Of the ArJater Zsi-
tuHg office,
THE PRYING OPEN
| of Spies desk, the finding OF dynamite and
letters there; the breaking open of Lingg's
! dOmiCile, and the finding in his trunk of
dynamite bombs precisely like the one
/ thrown.
/ Al GOlNlISAOLt WI VI lhltlA Saul II
strikes as, from our standpoint, that the
foundation of the Constitution ia less
likely to be impaired by refusing to grant
this writ, than by granting il"
| At the conclusion of Mr.. Grinnell's az
| gument, which had occupied less than half
the time to which he was entitled, Gen.
Butler rose and said that the introd uctjon
of all this new matter referring to Mr..
Grinnelps recitation of the circumstances
| and results OF the searches, which was not
in the brief of counsel and which he had
not seen any where in print
| would compel him to ask for more time
eXtraneOus matter
| MUST BE POPULAR
with the court, or its introduction would
not be permitted. Gen. Butler said, that
he would state the points Of contention,
and if he stated them wrongly, he wanted
TO be corrected, "by any gentleman who
| did not advocate the right to steal men,
and TO steal their papers.
After describing what happened previ-
Gus to the Haymarket meeting, he said:
At that meeting bomb was thrown
by somebody for some purpose, and there
IL not one word in these 5000 pages OF
evidence, to show that any one OF these
men had anything to do with throwing
that bomb. There were but two of these
men within miles of that meeting, and one
1 had his wife and two little children in the
very place almost where that bomb was
lighted. Its explosion killed a single
policeman and within a few days all OF
these men were arrested without warrant,
committed to jail and held there
WITHOUT EXAMINATION
and without process, until they were iu-
dicted by grand jury. And to describe
a simple crime, il crime il was, the States
attorney had to draw an indictment of 6S
counts" During the trial the Judge al
lowed questions to he asked with regard to
a conspiracy, although in all the 90 counts
of the indictment there was no conspiracy
alleged. He said that he was ready to
pledge himself that there was not a single
man of the jury selected, who had not said
that he had a tirm-and some Of them an
nthusiastic-cOnvictiOn opinion, and pre-
iudiee against the defendants.
After a great deal OF rambling talk about
the composition of the jury, dissatisfaction
with the record, lack OF time for prepara'
ton, thesentencing of theprisoners in theiI
presence and that of their counsel, the In
Justice done them by unreasonable search
aud seizure" etc. Gen. Butler said that Il
ALL THESE THINGS
could be done, "the question was to be de
bated whether the government would not
be a little better If it were overturned into
an anarchy, than If it were to be carried
on in this fashion"
81 have no fear" he said, ''of beine
misunderstood upon this question. ] hayt
the individuality of being the only man IL
- Tfn;ta5 Statas that condemned anC